1.The judgment of the first instance shall be modified as follows:

The defendant shall set up the annexed retirement allowance calculation sheet to the plaintiffs.

1. Basic facts

A. The defendant is a company engaged in credit investigation business, debt collection business, etc. with the permission of the Financial Services Commission under the Use and Protection of Credit Information Act.

B. The Plaintiffs entered into a delegation agency contract or delegation contract with the Defendant on the first day of each service period indicated in the attached retirement allowance calculation table, and the persons retired at the end of the above service period while taking charge of claims management and collection that the Defendant accepted from the creditors during the above service period.

【In the absence of any dispute, Gap’s 1, 3, Eul’s 2 through 8 (including a Serial number; hereinafter the same shall apply), Eul’s 9-3, Eul’s 10-4, Eul’s 11-5, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiffs are workers who were employed by the Defendant company in the form of delegation contract, but provided their labor in a subordinate relationship with the Defendant for the purpose of actual wages, such as under specific command and supervision by the Defendant in performing their duties.

Therefore, the defendant is obligated to pay to the plaintiffs the amount of money stated in the "request amount" in the annexed retirement allowance calculation sheet with retirement benefits under the Guarantee of Workers' Retirement Benefits Act and compensation for delay.

B. Defendant 1 did not manage the Plaintiffs’ root or provide specific work instructions regarding debt collection, and only provided work places and fixtures so that the Plaintiffs can smoothly perform delegated affairs.

The plaintiffs received fees in proportion to debt collection performance without the basic pay or fixed pay, and it cannot be viewed as wages due to the fact that the amount is large for each plaintiff and each period, and that the amount is determined depending on the quantity and quality of labor provided.

Therefore, the plaintiffs cannot be regarded as workers under the Labor Standards Act.